Different legal residential addresses when filing for citizenship

[ezmiller 0]

My wife is eligible to apply for citizenship after receiving her (temporary) green card on a marriage based visa (forgot the form names). Because of COVID we've had to move from our permanent residence address for the moment, and yet our move is as far as we know long-term but not permanent. We are waiting to see what happens with the virus later this year. I am considering moving my official address for tax purposes, but my wife's company is less amenable to that kind of a shift, and so she may keep hers the same. For tax purposes, it is legal to file "married, filing jointly" with separate addresses. But are there any limitations, hard or otherwise, that would make that a bad idea? 

[millefleur 5,039]

**Moved from US Citizenship Case Filing and Progress Reports to US Citizenship General Discussion**

[SusieQQQ 11,585]

In a roundabout way it seems you are asking what office she can file citizenship at? This is what the manual says about the requirement :

In general, an applicant for naturalization must file his or her application for naturalization with the state or service district that has jurisdiction over his or her place of residence. The applicant must have resided in that location for at least three months prior to filing. ...The applicant’s “residence” refers to the applicant’s principal, actual dwelling place in fact, without regard to intent. The duration of an applicant’s residence in a particular location is measured from the moment the applicant first establishes residence in that location. .... If an applicant claims residence in more than one state, the residence for purposes of naturalization will be determined by the location from which the applicant’s annual federal income tax returns have been and are being filed. 

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-6

[ezmiller 0]

Hmm @SusieQQQ, that was actually not my question, but the information you provided is useful and may begin to answer my question. Sorry for not being clear. I'm struggling to be clear because I am not totally sure of the question.

 

I think my question is more along the lines of: Will the citizenship application be weakened if for some technical/tax reason my wife and I have separate legal addresses, although we are married?

 

With regards to the rules you shared about residence: the document states: "The duration of an applicant’s residence in a particular location is measured from the moment the applicant first establishes residence in that location." I'm curious what it means to "establish residence"? So for example if someone has not changed their legal residence for tax purposes, but has resided in a different state for 3+ months, and has paid utilities at that other location? Are they then a resident in that other states, or both states, from the point of view of USCIS?

Edited January 21, 2021 by ezmiller

[Villanelle 4,121]

You are asking about residency and naturalization. Please read through this link- https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-6 and see how it applies to your situation. Post back if you have additional questions or are still confused. 

[SusieQQQ 11,585]

55 minutes ago, ezmiller said:

Hmm @SusieQQQ, that was actually not my question, but the information you provided is useful and may begin to answer my question. Sorry for not being clear. I'm struggling to be clear because I am not totally sure of the question.

 

I think my question is more along the lines of: Will the citizenship application be weakened if for some technical/tax reason my wife and I have separate legal addresses, although we are married?

 

With regards to the rules you shared about residence: the document states: "The duration of an applicant’s residence in a particular location is measured from the moment the applicant first establishes residence in that location." I'm curious what it means to "establish residence"? So for example if someone has not changed their legal residence for tax purposes, but has resided in a different state for 3+ months, and has paid utilities at that other location? Are they then a resident in that other states, or both states, from the point of view of USCIS?

Oh, so you are asking  your wife because your wife is filing under the 3 year rule? If so, it is not just being married she needs to show, but that you have been living together in marital union for 3 years preceding the application. So you will need to somehow show that you are still living in marital union even though you have different addresses. That might be tricky for obvious reasons. Wouldn’t be the first time we’ve seen in immigration someone doing something for a tax advantage hitting them in an unexpected way (though that is usually when they have underreported income and now need to sponsor.) I don’t even know if what you are doing for tax in terms of using an address you don’t live at is properly legal, but if it isn’t or is shady, then she is potentially going to have a problem with the “good moral character” aspect too, paying taxes falls into that. I don’t know enough about tax law to address that. For marital union considerations, see part D in this link https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-2

 

as to your second question on residence, please read the earlier link I gave you for a fuller explanation. 
 

 

Edited January 21, 2021 by SusieQQQ

[ezmiller 0]

Thank you again for pointing me to the relevant USCIS documents. It looks like the USCIS has a more extensive idea of what it means to "live in a marital union." For tax purposes, it's normal to file as "married, filing jointly" with different tax addresses. Think of a couple that are married but live in different places. Maybe they work in different cities or something like that. But the USCIS documents add some other idea it looks like, namely they say:

 

Quote

 

An applicant does not meet the married and “living in marital union” requirements if:

• The applicant is not residing with his or her U.S. citizen spouse at the time of filing or during the time in which the applicant is required to be living in marital union with the U.S. citizen spouse

 

In our case, we reside together, but our tax addresses could end up being different. I could see how that could cause some confusion for USCIS. I wonder if anyone here has any experience filing in this kind of situation, and whether it has caused a problem.

 

Edited January 21, 2021 by ezmiller

[ezmiller 0]

Regarding the definition of "residence", I see that Chapter 6 says:

Quote

The applicant’s “residence” refers to the applicant’s principal, actual dwelling place in fact, without regard to intent.

I do find this a bit vague. I'm guessing what it means is that a person's residence is the place that they are actually living, presuming they've lived there by three years. But how does one demonstrate that a given address is in fact one's "actual dwelling place"? Is it just things like a lease or utility bills and the like?

Edited January 21, 2021 by ezmiller

[SusieQQQ 11,585]

1 hour ago, ezmiller said:

Regarding the definition of "residence", I see that Chapter 6 says:

I do find this a bit vague. I'm guessing what it means is that a person's residence is the place that they are actually living, presuming they've lived there by three years. But how does one demonstrate that a given address is in fact one's "actual dwelling place"? Is it just things like a lease or utility bills and the like?

It’s mainly to get around people living one place and filing another because the second has faster processing time (or people who effectively live overseas but “intend” to have residence in the US, but that’s more an issue for continuous residence than this particular aspect). Particularly if an address has changed fairly shortly before filing, they will usually ask to see DL or state ID with the claimed address, you could present other evidence I guess. Kids at school, local employer, etc. People can pay leases/utilities in holiday homes where they do not actually reside so that’s not always sufficient in and of itself.

[SusieQQQ 11,585]

1 hour ago, ezmiller said:

Think of a couple that are married but live in different places. Maybe they work in different cities or something like that

You would need to argue that as an exception. Marital union is not the same as being married, it is actually physically being together. This is to get around people who get and stay married on paper for green cards. 

[ezmiller 0]

3 hours ago, SusieQQQ said:

It’s mainly to get around people living one place and filing another because the second has faster processing time (or people who effectively live overseas but “intend” to have residence in the US, but that’s more an issue for continuous residence than this particular aspect). Particularly if an address has changed fairly shortly before filing, they will usually ask to see DL or state ID with the claimed address, you could present other evidence I guess. Kids at school, local employer, etc. People can pay leases/utilities in holiday homes where they do not actually reside so that’s not always sufficient in and of itself.

And I'm guessing they aren't very understanding of the way in which COVID has caused people to make temporary location adjustments? Or?

[SusieQQQ 11,585]

I have no idea, but your questions seemed to be more about using an address for tax purposes than a forced separation due to Covid.

[Allaboutwaiting 2,500]

Your main concern is the discrepancy between your actual residence address and the ones you and your wife use for tax purposes.

I do not think it should be an issue. 

 

Even if you actually didn't live together, it wouldn't be an issue, as the USCIS manual states the following:

 

"Involuntary Separation

Under very limited circumstances and where there is no indication of marital disunity, an applicant may be able to establish that he or she is living in marital union with his or her U.S. citizen spouse even though the applicant does not actually reside with citizen spouse. An applicant is not made ineligible for naturalization for not living in marital union if the separation is due to circumstances beyond his or her control, such as:

-Service in the U.S. armed forces; or

-Required travel or relocation for employment."

 

Source: https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-2#S-D-3

Edited January 21, 2021 by Allaboutwaiting

[aaron2020 11,651]

For federal tax purposes, a married couple filing jointly can have only one address.  It's impossible to file a joint federal tax return with separate addresses.  

For state tax returns, the couple can file separate state tax returns with different addresses.  

Do this only with a professional accountant.  Not DIY.

[aaron2020 11,651]

5 hours ago, ezmiller said:

Thank you again for pointing me to the relevant USCIS documents. It looks like the USCIS has a more extensive idea of what it means to "live in a marital union." For tax purposes, it's normal to file as "married, filing jointly" with different tax addresses. Think of a couple that are married but live in different places. Maybe they work in different cities or something like that. But the USCIS documents add some other idea it looks like, namely they say:

 

In our case, we reside together, but our tax addresses could end up being different. I could see how that could cause some confusion for USCIS. I wonder if anyone here has any experience filing in this kind of situation, and whether it has caused a problem.

 

You are making an assumption not supported by facts.  

You are assuming that "it's normal to file as 'married, filing jointly' with different tax addresses."  

If you and your spouse wants to file a joint US federal tax return, you have to pick one address.  It's a mailing address.  

For state tax returns, you can file separately with your respective addresses.

Not DIY.  Get a professional tax accountant.